Witness: Attorney Kindlon 'wasn't involved' in Mosley murder defense

Lawyers no help, mom of convicted killer says

1of2Defense attorney Terence Kindlon, left, and his client Michael Mosley stand as Mosley is sentenced in Judge Robert Jacon's courtroom at the Rensselaer County Courthouse on Tuesday morning, July 12, 2011 in Troy. (Paul Buckowski / Times Union archive)Paul Buckowski2of2Michael Mosley, with his attorney Terry Kindlon, left, after being convicted on a charge of murder in Rensselaer County Court House in Troy, N.Y. June 2, 2011. (Skip Dickstein / Times Union)SKIP DICKSTEIN

Troy

The mother of a man serving a life sentence for a double homicide testified Monday that her son's defense attorneys did not care about the case.

Wilma Mosley was the first witness at a hearing to determine whether her son, Michael Mosley, had an adequate defense in his 2011 murder trial.

"When did you mention to him the issues you had?" Michael Mosley's lawyer, Mitchell Kessler, asked.

"During the trial, before the trial," Wilma Mosley replied.

A state appeals court upheld Mosley's conviction, but ruled Rensselaer County Judge Debra Young erred in 2013 when she denied a move to grant Mosley a hearing on whether the attorneys provided a thorough defense.

Kindlon was in the courtroom at the outset of the hearing but left after learning he was not going to be called Monday.

DNA blood evidence left behind after the two were stabbed to death with steak knives tied Mosley to the case. Prosecutors claimed he cut himself when the knife slipped in his hand. Mosley testified that he went to the apartment and discovered the bodies, but claimed the blood was from a cut he suffered while snowboarding near the Poestenkill Gorge.

During the trial, prosecutors brought in a forensic meteorologist who testified there was no snow on the ground that day.

"I printed out weather reports of that day that showed differently and gave them to Mr. Hammond," Wilma Mosley said, "He just said it did not matter. It was not an issue."

The mother, who often broke down crying on the stand Monday, said she urged Kindlon to get a meteorologist to testify after learning prosecutors planned on entering the evidence.

"He said, 'Oh, good. We won't have to call one; we'll just use theirs."

She also said she wanted to fire Kindlon just before the trial went to the jury.

"He said, "As far as the firing goes, the judge will not allow it,'" Wilma Mosley said. "Then he asked me for more money."

Terrence Battiste and Bryan Berry were first arrested for the murders, believed to have occurred during a robbery of Holley, a known drug dealer. Battiste and Berry were indicted and about to go to trial when the DNA evidence surfaced and cleared them.

Wilma Mosley said the defense never focused on Battiste and Berry.

"I asked why they weren't called to testify and Terry said they'd have to wait to the very end of the trial because if he contacted them early they would 'just run and hide.'"